Health and Care Act 2022
(82A) (1) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary medical services for the purposes of this Act. (2) Regulations under this section may, in particular, describe services by reference to the manner or circumstances in which they are provided. (82B) (1) Each integrated care board must exercise its powers so as to secure the provision of primary medical services to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility. (2) For the purposes of this section an integrated care board has responsibility for— (a) the group of people for whom it has core responsibility (see section 14Z31), and (b) such other people as may be prescribed (whether generally or in relation to a prescribed service). (83) (1) An integrated care board may make such arrangements for the provision of primary medical services as it considers appropriate for the purpose of discharging its functions under section 82B (and may, in particular, make contractual arrangements with any person). (2) NHS England may make such arrangements for the provision of primary medical services as it considers appropriate for the purpose of discharging any functions under section 3B(1) (and may, in particular, make contractual arrangements with any person). (3) The arrangements that may be made under this section include— (a) in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England); (b) in the case of NHS England, arrangements for the performance of a service outside England. (4) Arrangements under this section may confer discretions on a person with whom they are made in relation to anything to be provided under the arrangements. (5) The powers under this section are in addition to the powers conferred by sections 84 and 92. (83A) Each integrated care board and NHS England must publish information about such matters as may be prescribed in relation to the primary medical services provided under this Act.
4
- (1) Section 84 (general medical services contracts: introductory) is amended as follows.
- (2) In subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
- (3) In subsection (3) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”.
- (4) For subsection (4) substitute—
(4) The services to be provided under a general medical services contract may include services which are not primary medical services. (4A) The services to be provided under a general medical services contract may include— (a) in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England); (b) in the case of a contract entered into by NHS England, services to be performed outside England. (4B) A general medical services contract may confer discretions on a person with whom it is made in relation to anything to be provided under the contract.
- (5) In subsection (5), for “the Board” substitute “the integrated care board or NHS England”.
5
In section 86 (persons eligible to enter into GMS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
6
In section 87 (GMS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”.
7
- (1) Section 89 (GMS contracts: other required terms) is amended as follows.
- (2) Omit subsections (1A) to (1E).
- (3) In subsection (4)(a), for “the Board” substitute “an integrated care board or NHS England”.
8
- (1) Section 91 (persons performing primary medical services) is amended as follows.
- (2) In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”.
- (3) In subsection (2), for paragraph (b) substitute—
(b) an integrated care board or NHS England is responsible for a primary medical service if it secures its provision under or by virtue of any enactment.
9
- (1) Section 92 (arrangements for the provision of primary medical services) is amended as follows.
- (2) In the heading, for “the Board” substitute “an integrated care board or NHS England”.
- (3) For subsection (1), substitute—
(1) An integrated care board or NHS England may make agreements, other than arrangements pursuant to section 83 or general medical services contracts, under which primary medical services are provided.
- (4) After subsection (5) insert—
(5A) An agreement may confer discretions on a person with whom it is made in relation to anything to be provided under the agreement.
10
In section 93 (persons with whom agreements may be made under section 92), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
11
- (1) Section 94 (regulations about section 92 arrangements) is amended as follows.
- (2) In subsection (2), for “the Board” substitute “an integrated care board or NHS England”.
- (3) In section (3), for paragraph (ca) substitute—
(ca) provide that section 92 arrangements made by an integrated care board may be made in relation to services to be performed outside its area (whether or not in England), (cb) provide that section 92 arrangements made by NHS England may be made in relation to services to be performed outside England,
.
- (4) Omit subsections (3A) to (3E).
- (5) In subsection (6), for “the Board” substitute “an integrated care board or NHS England”.
- (6) In subsection (7), omit “to” in the first place it occurs.
12
- (1) Section 96 (assistance and support: primary medical services) is amended as follows.
- (2) In subsection (1)—
- (a) for “The Board” substitute “An integrated care board”;
- (b) in paragraph (za), for “83(2)” substitute “83”.
- (3) In subsection (2)—
- (a) for “the Board”, in the first place it occurs, substitute “an integrated care board”;
- (b) for “the Board”, in the second place it occurs, substitute “the integrated care board”.
13
- (1) Section 97 (Local Medical Committees) is amended as follows.
- (2) In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”.
- (3) In subsection (3)(b), for “the Board” substitute “the integrated care board”.
- (4) In subsection (6), for “the Board” substitute “an integrated care board”.
- (5) In subsection (10)—
- (a) for “The Board” substitute “An integrated care board”;
- (b) in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”.
14
For section 98A substitute—
(98A) (1) The Secretary of State may direct NHS England to exercise any of the Secretary of State’s functions relating to the provision of primary medical services. (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. (98B) NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.
Dental services
15
For section 99 and the italic heading before it substitute—
(98C) (1) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary dental services for the purposes of this Act. (2) Regulations under this section may, in particular, describe services by reference to the manner or circumstances in which they are provided. (99) (1) Each integrated care board must exercise its powers so as to secure the provision of primary dental services to such extent as it considers necessary to meet the reasonable requirements of the people for whom it has responsibility. (2) For the purposes of this section an integrated care board has responsibility for— (a) the group of people for whom it has core responsibility (see section 14Z31), and (b) such other people as may be prescribed (whether generally or in relation to a prescribed service). (99A) (1) An integrated care board may make such arrangements for the provision of primary dental services as it considers appropriate for the purpose of discharging its functions under section 99 (and may, in particular, make contractual arrangements with any person). (2) NHS England may make such arrangements for the provision of primary dental services as it considers appropriate for the purpose of discharging any functions under section 3B(1) (and may, in particular, make contractual arrangements with any person). (3) The arrangements that may be made under this section include— (a) in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England); (b) in the case of NHS England, arrangements for the performance of a service outside England. (4) The powers in this section are in addition to the powers conferred by sections 100 and 107. (99B) Each integrated care board and NHS England must publish information about such matters as may be prescribed in relation to the primary dental services provided under this Act.
16
- (1) Section 100 (general dental services contracts: introductory) is amended as follows.
- (2) In subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
- (3) In subsection (3)—
- (a) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”;
- (b) in paragraph (a) omit the words from “(which” to the end.
- (4) After subsection (3) insert—
(3A) The services to be provided under a general dental services contract may include services which are not primary dental services. (3B) The services to be provided under a general dental services contract may include— (a) in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England); (b) in the case of a contract entered into by NHS England, services to be performed outside England.
- (5) In subsection (4), for “the Board” substitute “the integrated care board or NHS England”.
17
In section 102 (persons eligible to enter into GDS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
18
In section 103 (GDS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”.
19
In section 104 (GDS contracts: other required terms), in subsection (3), for “the Board” substitute “an integrated care board or NHS England”.
20
- (1) Section 106 (persons performing primary dental services) is amended as follows.
- (2) In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”.
- (3) In subsection (2), for paragraph (b) substitute—
(b) an integrated care board or NHS England is responsible for a primary dental service if it secures its provision under or by virtue of any enactment.
21
- (1) Section 107 (arrangements for the provision of primary dental services) is amended as follows.
- (2) In the heading, for “the Board” substitute “an integrated care board or NHS England”.
- (3) For subsection (1) substitute—
(1) An integrated care board or NHS England may make agreements, other than arrangements pursuant to section 99A or general dental services contracts, under which primary dental services are provided.
- (4) Omit subsection (6).
22
In section 108 (persons with whom agreements may be made under section 107), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
23
- (1) Section 109 (regulations about section 107 arrangements) is amended as follows.
- (2) In subsection (2), for “the Board” substitute “an integrated care board or NHS England”.
- (3) In section (3), for paragraph (ca) substitute—
(ca) provide that section 107 arrangements made by an integrated care board may be made in relation to services to be performed outside its area (whether or not in England), (cb) provide that section 107 arrangements made by NHS England may be made in relation to services to be performed outside England,
.
- (4) In subsection (6), for “the Board” substitute “an integrated care board or NHS England”.
- (5) In subsection (7), omit “to” in the first place it occurs.
24
- (1) Section 112 (assistance and support: primary dental services) is amended as follows.
- (2) In subsection (1)—
- (a) for “The Board” substitute “An integrated care board”;
- (b) before paragraph (a) insert—
(za) primary dental services pursuant to section 99A,
.
- (3) In subsection (2)—
- (a) for “the Board”, in the first place it occurs, substitute “an integrated care board”;
- (b) for “the Board”, in the second place it occurs, substitute “the integrated care board”.
25
- (1) Section 113 (Local Dental Committees) is amended as follows.
- (2) In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”.
- (3) In subsection (3)—
- (a) in paragraph (a), omit sub-paragraph (i);
- (b) in paragraph (b), for “the Board” substitute “the integrated care board”.
- (4) In subsection (6), for “the Board” substitute “an integrated care board”.
- (5) In subsection (10)—
- (a) for “The Board” substitute “An integrated care board”;
- (b) in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”.
26
For section 114A substitute—
(114A) (1) The Secretary of State may direct NHS England to exercise any of the Secretary of State’s functions relating to the provision of primary dental services. (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. (114B) NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.
Ophthalmic services
27
Before section 115 (and the italic heading before it) insert—
(114C) (1) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary ophthalmic services for the purposes of this Act (but these regulations may not affect the duty in section 115(1)(a)). (2) Regulations under this section may, in particular, describe services by reference to the manner or circumstances in which they are provided.
28
In the italic heading before section 115, for “the Board” substitute “integrated care boards”.
29
- (1) Section 115 (primary ophthalmic services) is amended as follows.
- (2) For the heading substitute “Duty of integrated care boards to arrange primary ophthalmic services”.
- (3) For subsections (1) and (1A) substitute—
(1) Each integrated care board must exercise its powers so as to secure the provision of the following primary ophthalmic services to such extent as it considers necessary to meet the reasonable requirements of the people for whom it has responsibility— (a) the sight-testing service mentioned in subsection (2), (b) such other primary ophthalmic services as may be prescribed, and (c) to the extent that it considers necessary to meet all reasonable requirements, any further primary ophthalmic services. (1A) For the purposes of this section an integrated care board has responsibility for— (a) the group of people for whom it has core responsibility (see section 14Z31), and (b) such other people as may be prescribed (whether generally or in relation to a prescribed service).
- (4) Omit subsections (4), (4A), (5), (7) and (8).
30
After section 116 insert—
(116A) (1) An integrated care board may make such arrangements for the provision of primary ophthalmic services as it considers appropriate for the purpose of discharging its functions under section 115 (and may, in particular, make contractual arrangements with any person). (2) NHS England may make such arrangements for the provision of primary ophthalmic services as it considers appropriate for the purpose of discharging any functions under section 3B (and may, in particular, make contractual arrangements with any person). (3) The arrangements that may be made under this section include— (a) in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England); (b) in the case of NHS England, arrangements for the performance of a service outside England. (4) The powers in this section are in addition to the power conferred by section 117. (116B) Each integrated care board and NHS England must publish information about such matters as may be prescribed in relation to the primary ophthalmic services provided under this Act.
31
- (1) Section 117 (general ophthalmic services contracts: introductory) is amended as follows.
- (2) In subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
- (3) In subsection (3) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”.
- (4) For subsection (4) substitute—
(4) The services to be provided under a general ophthalmic services contract may include services which are not primary ophthalmic services. (4A) The services to be provided under a general ophthalmic services contract may include— (a) in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England); (b) in the case of a contract entered into by NHS England, services to be performed outside England.
- (5) In subsection (5), for “the Board” substitute “the integrated care board or NHS England”.
32
In section 118 (persons eligible to enter into GOS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
33
In section 119 (exclusion of contractors), in subsection (1), for “the Board” substitute “an integrated care board or NHS England”.
34
In section 120 (GOS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”.
35
In section 121 (GOS contracts: other required terms), in subsection (3)(a), for “the Board” substitute “an integrated care board or NHS England”.
36
- (1) Section 123 (persons performing primary ophthalmic services) is amended as follows.
- (2) In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”.
- (3) In subsection (2), for paragraph (b) substitute—
(b) an integrated care board or NHS England is responsible for a primary ophthalmic service if it secures its provision under or by virtue of any enactment.
37
- (1) Section 124 (assistance and support: primary ophthalmic services) is amended as follows.
- (2) In subsection (1), for “The Board” substitute “An integrated care board”.
- (3) In subsection (2)—
- (a) for “the Board”, in the first place it occurs, substitute “an integrated care board”;
- (b) for “the Board”, in the second place it occurs, substitute “the integrated care board”.
38
- (1) Section 125 (Local Optical Committees) is amended as follows.
- (2) In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”.
- (3) In subsection (3)(b), for “the Board” substitute “the integrated care board”.
- (4) In subsection (7), for “the Board” substitute “an integrated care board”.
- (5) In subsection (10)—
- (a) for “The Board” substitute “An integrated care board”;
- (b) in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”.
39
For section 125A substitute—
(125A) (1) The Secretary of State may direct NHS England to exercise any of the Secretary of State’s functions relating to the provision of primary ophthalmic services. (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. (125B) NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.
Pharmaceutical services
40
For section 168A substitute—
(168A) (1) The Secretary of State may direct NHS England to exercise any of the Secretary of State’s functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part. (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
PART 2 — Consequential amendments
Dentists Act 1984
41
The Dentists Act 1984 is amended as follows.
42
In section 40 (definition of business of dentistry), in subsection (2)(aa), for “a contract under section 100 of the National Health Service Act 2006” substitute “arrangements under section 99A of the National Health Service Act 2006 or a contract under section 100 of that Act”.
43
In section 53 (interpretation), in subsection (3)(a)(i), for “92 or 107” substitute “83, 92, 99A or 107”.
Access to Health Records Act 1990
44
In section 1 of the Access to Health Records Act 1990 (“Health record” and related expressions) as it has effect under the law of England and Wales, in subsection (2)—
- (a) in paragraph (a)—
- (i) before “or a Local Health Board” insert “, an integrated care board”;
- (ii) for “the Board” substitute “or the integrated care board or Local Health Board”;
- (b) after paragraph (a) insert—
(aza) in the case of a record made by a health professional performing such services under a contract made with NHS England or an integrated care board under section 100 of the National Health Service Act 2006 (general dental services contracts), the person or body who entered into the contract with NHS England or the integrated care board (or, in a case where more than one person so entered into the contract, any such person);
;
- (c) in paragraph (aa)—
- (ii) before “or a Local Health Board” insert “, an integrated care board”;
- (iii) for “the Board” substitute “or the integrated care board or Local Health Board”.
Trade Union and Labour Relations (Consolidation) Act 1992
45
In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), for subsection (2) substitute—
(2) In this Act “worker” also includes an individual regarded in their capacity as one who works or normally works or seeks to work as a person performing primary medical services, primary dental services or primary ophthalmic services— (a) in accordance with arrangements made by NHS England or an integrated care board under section 83, 92, 99A, 107 or 116A of the National Health Service Act 2006; (b) in accordance with arrangements made by a Local Health Board under section 50 or 64 of the National Health Service (Wales) Act 2006; (c) under a contract under section 84, 100 or 117 of the National Health Service Act 2006 entered into by the individual with NHS England or an integrated care board; or (d) under a contract under section 42 or 57 of the National Health Service (Wales) Act 2006 entered into by the individual with a Local Health Board, and “employer” in relation to such an individual, regarded in that capacity, means that body.
Health Service Commissioners Act 1993
46
In section 2A of the Health Service Commissioners Act 1993 (persons subject to investigation), in subsection (1)(c), for “92 or 107” substitute “83, 92, 99A or 107”.
Freedom of Information Act 2000
47
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), in paragraph 43A(a), for “92 or 107” substitute “83, 92, 99A, 107 or 116A”.
Health and Social Care (Community Health and Standards) Act 2003
48
In section 150 of the Health and Social Care (Community Health and Standards) Act 2003 (liability to pay NHS charges), in subsection (7)(d), for “99” substitute “99A”.
Health Act 2006
49
In Schedule 8 to the Health Act 2006 (minor and consequential amendments), omit paragraph 30 and the italic heading above it.
National Health Service Act 2006
50
The National Health Service Act 2006 is amended as follows.
51
In section 80 (supply of goods and services by the Secretary of State and NHS bodies), in subsections (5) and (7), before “may” insert “or an integrated care board”.
52
- (1) Section 259 (sale of medical practices) is amended as follows.
- (2) In subsection (4)(e), for “83(2)” substitute “83”.
- (3) In subsection (4A), for “83(2)”, in the first place it occurs, substitute “83”.
53
In section 276 (index of defined expressions)—
- (b) in the entry relating to “primary medical services” for “section 83” substitute “section 82A”;
- (c) in the entry relating to “primary ophthalmic services” for “section 115” substitute “section 114C”.
54
In Schedule 4 (NHS trusts), for paragraph 24 and the italic heading before it substitute—
(24) An NHS trust may provide services— (a) under arrangements made under section 83 (primary medical services); (b) under an agreement made under section 92 (primary medical services), and may do so as a member of a qualifying body (within the meaning given by section 93); (c) under arrangements made under section 99A (primary dental services); (d) under an agreement made under section 107 (primary dental services), and may do so as a member of a qualifying body (within the meaning given by section 108).
National Health Service (Wales) Act 2006
55
- (1) Section 51 (persons with whom agreement may be made under section 50 for the provision of primary medical services) is amended as follows.
- (2) In subsection (1)—
- (a) in paragraph (d)(ii) after “section 64 arrangements,” insert “section 83 arrangements,”;
- (b) in paragraph (e) after “a section 64 employee,” insert “a section 83 employee,”.
- (3) In subsection (3)—
- (a) after the definition of “section 17C employee” insert—
;
- (b) after the definition of “section 107 arrangements” insert—
.
56
- (1) Section 65 (persons with whom agreement may be made under section 64 for the provision of primary dental services) is amended as follows.
- (2) In subsection (1)—
- (a) in paragraph (d)(ii) after “section 92 arrangements,” insert “section 99A arrangements,”;
- (b) in paragraph (e) after “a section 92 employee,” insert “a section 99A employee,”.
- (3) In subsection (3)—
- (a) after the definition of “section 92 arrangements” insert—
;
- (b) after the definition of “section 92 employee” insert—
.
Health Act 2009
57
In section 2 of the Health Act 2009 (duty to have regard to NHS constitution), in subsection (6)—
- (a) for paragraph (a) substitute—
(a) section 83 (arrangements for provision of primary medical services);
;
- (b) after paragraph (c) insert—
(ca) section 99A (arrangements for provision of primary dental services);
;
- (c) after paragraph (e) insert—
(ea) section 116A (arrangements for provision of primary ophthalmic services);
.
Domestic Abuse Act 2021
58
In section 80 of the Domestic Abuse Act 2021 (prohibition on charging for the provision of medical evidence of domestic abuse), in subsection (5)(a), for sub-paragraph (ii) substitute—
(ii) any arrangements made under section 83 of that Act;
.
SCHEDULE 4
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
1
In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—
- (a) in the first column (headed “capacity”), for “, a clinical commissioning group,” substitute “, an integrated care board,”;
- (b) in the second column (headed “paying authority”), for “, clinical commissioning group,” substitute “, integrated care board,”.
Public Records Act 1958
2
In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in Part 1 of the Table at the end of paragraph 3—
- (a) for “, clinical commissioning groups,” substitute “, integrated care boards,”;
- (b) for “, a clinical commissioning group”, in both places it occurs, substitute “, an integrated care board”;
- (c) for “paragraph 20 of Schedule 1A” substitute “paragraph 23 of Schedule 1B”.
Public Bodies (Admission to Meetings) Act 1960
3
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (public authorities to which that Act applies) in paragraph 1, after paragraph (o) insert—
(p) an integrated care board established under section 14Z25 of the National Health Service Act 2006;
.
Leasehold Reform Act 1967
4
- (1) Section 28 of the Leasehold Reform Act 1967 (land required for public purposes) is amended as follows.
- (2) In subsection (5)(d), for “, any clinical commissioning group,” substitute “, any integrated care board,”.
- (3) In subsection (6)(c), for “, a clinical commissioning group,” substitute “, an integrated care board,”.
Parliamentary Commissioner Act 1967
5
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), in paragraph 8(1) and (2), for “a clinical commissioning group” substitute “an integrated care board”.
Health Services and Public Health Act 1968
6
The Health Services and Public Health Act 1968 is amended as follows.
7
In section 63 (provision of instruction for officers of hospital authorities etc), in subsections (1)(a) and (2)(a), for “a clinical commissioning group” substitute “an integrated care board”.
8
In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b), for “a clinical commissioning group” substitute “an integrated care board”.
Employers’ Liability (Compulsory Insurance) Act 1969
9
In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a), for “, a clinical commissioning group established under section 14D” substitute “, an integrated care board established under section 14Z25”.
Local Authority Social Services Act 1970
10
In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry relating to the Children Act 1989, in the column headed “Nature of functions”, for “a clinical commissioning group” substitute “an integrated care board”.
Local Government Act 1972
11
- (1) Section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of certain persons) is amended as follows.
- (2) In subsection (1A), for “clinical commissioning group,”, in each place it occurs, substitute “integrated care board,”.
- (3) In subsection (4), for ““clinical commissioning group” means a body established under section 14D” substitute ““integrated care board” means a body established under section 14Z25”.
Health and Safety at Work etc. Act 1974
12
In section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment Medical Advisory Service), in subsection (1), for “clinical commissioning group” substitute “integrated care board”.
National Health Service (Scotland) Act 1978
13
In section 17A (NHS contracts), in subsection (2), for paragraph (jb) substitute—
(jb) integrated care boards established under section 14Z25 of the National Health Service Act 2006;
.
Mental Health Act 1983
14
The Mental Health Act 1983 is amended as follows.
15
In section 39 (information as to hospitals), in subsection (1), for “clinical commissioning group or”, in each place it occurs, substitute “integrated care board or”.
16
In section 117 (after-care), in subsections (2), (2D), (2E), (2F) and (3), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.
17
In section 134 (correspondence of patients), in subsection (3)(e), for “, a clinical commissioning group,” substitute “, an integrated care board,”.
18
In section 139 (protection for acts done in pursuance of this Act), in subsection (4), for “, a clinical commissioning group,” substitute “, an integrated care board,”.
19
In section 140 (notification of hospitals having arrangements for special cases) for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.
Acquisition of Land Act 1981
20
The Acquisition of Land Act 1981 is amended as follows.
21
In section 16 (statutory undertakers’ land excluded from compulsory purchase), in subsection (3), for paragraph (ab) substitute—
(ab) an integrated care board established under section 14Z25 of the National Health Service Act 2006;
.
22
In section 17 (local authority and statutory undertakers’ land), in subsection (4), in the definition of “statutory undertakers” for paragraph (af) substitute—
- an integrated care board established under section 14Z25 of the National Health Service Act 2006,
.
Disabled Persons (Services, Consultation and Representation) Act 1986
23
The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
24
- (1) Section 2 (rights of authorised representatives of disabled persons) is amended as follows.
- (2) In subsection (5)(a), for “a clinical commissioning group” substitute “an integrated care board”.
- (3) In subsection (9), in paragraph (a) of the definition of “health authority”, for “, a clinical commissioning group or” substitute “, an integrated care board or”.
25
- (1) Section 7 (persons discharged from hospital) is amended as follows.
- (2) In subsection (3A)(a), for “a clinical commissioning group” substitute “an integrated care board”.
- (3) In subsection (9), in paragraph (a) of the definition of “health authority”, for “a clinical commissioning group”, substitute “an integrated care board”.
Copyright, Designs and Patents Act 1988
26
In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business), in subsection (6), for “, a clinical commissioning group established under section 14D of the National Health Service Act 2006,” substitute “, an integrated care board established under section 14Z25 of the National Health Service Act 2006,”.
Children Act 1989
27
The Children Act 1989 is amended as follows.
28
In section 21 (provision for accommodation for children in police protection or detention or on remand, etc), in subsection (3), for “a clinical commissioning group” substitute “an integrated care board”.
29
In section 24 (persons qualifying for advice and assistance), in subsection (2)(d)(ii), for “a clinical commissioning group” substitute “an integrated care board”.
30
In section 24C (information), in subsection (2)(c), for “a clinical commissioning group” substitute “an integrated care board”.
31
In section 27 (co-operation between authorities), in subsection (3)(d), for “clinical commissioning group,” substitute “integrated care board,”.
32
In section 29 (recoupment of cost of providing services etc), in subsection (8)(c), for “a clinical commissioning group” substitute “an integrated care board”.
33
In section 47 (local authority’s duty to investigate), in subsection (11)(d), for “clinical commissioning group,” substitute “integrated care board,”.
34
In section 80 (inspection of children’s homes etc by persons authorised by the Appropriate National Authority), in subsections (1)(d) and (5)(ea), for “a clinical commissioning group” substitute “an integrated care board”.
35
In section 85 (children accommodated by health authorities and local education authorities), in subsection (2ZA)—
- (a) in paragraph (b), for “a clinical commissioning group” substitute “an integrated care board”;
- (b) in the words after paragraph (b), for “the clinical commissioning group” substitute “the integrated care board”.
36
In section 105 (interpretation), in subsection (1)—
- (a) omit the definition of “clinical commissioning group”;
- (b) at the appropriate place insert—
- “integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;
.
National Health Service and Community Care Act 1990
37
In section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services), in subsection (3), in the words after paragraph (b) for “clinical commissioning group”, in both places it occurs, substitute “integrated care board”.
London Local Authorities Act 1991
38
In section 4 of the London Local Authorities Act 1991 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, for “a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act)” substitute “an integrated care board under the National Health Service Act 2006”.
Health Service Commissioners Act 1993
39
In section 2 of the Health Service Commissioners Act 1993 (the bodies subject to investigation), in subsection (1), for paragraph (dd) substitute—
(dd) integrated care boards,
.
Value Added Tax Act 1994
40
The Value Added Tax Act 1994 is amended as follows.
41
In section 41 (application to the Crown), in subsection (7), for paragraph (f) substitute—
(f) an integrated care board,
.
42
- (1) Schedule 8 (zero-rating) is amended as follows.
- (2) In Group 12, in Note (5H), for paragraph (ea) substitute—
(ea) an integrated care board established under section 14Z25 of the National Health Service Act 2006;
.
- (3) In Group 15, in Note (4), for paragraph (j) substitute—
(j) an integrated care board established under section 14Z25 of the National Health Service Act 2006.
Education Act 1996
43
The Education Act 1996 is amended as follows.
44
In section 322 (duty of certain bodies to help local authority), in subsections (1), (3)(a) and (4), for “a clinical commissioning group” substitute “an integrated care board”.
45
In section 332 (duty of Local Health Board, a Primary Care Trust or National Health Service trust to notify parent etc), in subsection (1), for “a clinical commissioning group,” substitute “an integrated care board,”.
Employment Rights Act 1996
46
The Employment Rights Act 1996 is amended as follows.
47
In section 49B (the health service: regulations prohibiting discrimination because of protected disclosure), in subsection (7), for paragraph (b) substitute—
(b) an integrated care board;
.
48
In section 50 (right to time off for public duties), in subsection (8), for paragraph (zb) substitute—
(zb) an integrated care board established under section 14Z25 of the National Health Service Act 2006,
.
49
In section 218 (change of employer), in subsection (10), for paragraph (zb) substitute—
(zb) an integrated care board established under section 14Z25 of the National Health Service Act 2006,
.
Housing Grants, Construction and Regeneration Act 1996
50
In section 3 of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants for grants), in subsection (2)(f), for “, a clinical commissioning group,” substitute “, an integrated care board,”.
Crime and Disorder Act 1998
51
The Crime and Disorder Act 1998 is amended as follows.
52
In section 5 (authorities responsible for crime and disorder strategies), in subsection (1)(e), for “clinical commissioning group” substitute “integrated care board”.
53
In section 38 (local provision of youth justice services), in subsection (2)(b), for “, clinical commissioning group or” substitute “, integrated care board or”.
54
- (1) Section 39 (youth offending teams) is amended as follows.
- (2) In subsection (3)(b), for “, clinical commissioning group or” substitute “, integrated care board or”.
- (3) In subsection (5)(d), for “a clinical commissioning group or” substitute “an integrated care board or”.
55
In section 41 (the Youth Justice Board), in subsection (10), for “a clinical commissioning group,” substitute “an integrated care board,”.
56
In section 42 (supplementary provision), in subsection (3), for “a clinical commissioning group,” substitute “an integrated care board,”.
57
In section 115 (disclosure of information), in subsection (2), for paragraph (fb) substitute—
(fb) an integrated care board;
.
Greater London Authority Act 1999
58
In section 309E of the Greater London Authority Act 1999 (the Mayor’s health inequalities strategy), in subsection (5), for paragraph (gc) substitute—
(gc) any integrated care board (established under section 14Z25 of the National Health Service Act 2006) for an area wholly or partly in Greater London,
.
Health Act 1999
59
In section 61 of the Health Act 1999 (English and Scottish border provisions), in subsections (2) and (5), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.
Freedom of Information Act 2000
60
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), for paragraph 37B substitute—
(37B) An integrated care board established under section 14Z25 of the National Health Service Act 2006.
Local Government Act 2000
61
In section 9FF of the Local Government Act 2000 (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities), in subsection (6), for paragraph (za) substitute—
(za) an integrated care board,
.
Adoption and Children Act 2002
62
The Adoption and Children Act 2002 is amended as follows.
63
In section 4 (assessments etc for adoption support services), in subsection (9), in the words after paragraph (b), for “clinical commissioning group,” substitute “integrated care board,”.
64
In section 8 (adoption support agencies), in subsection (2)(d), for “, clinical commissioning group” substitute “, integrated care board”.
International Development Act 2002
65
In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)—
- (a) omit the entry for a clinical commissioning group;
- (b) before the entry for “A Health Board” insert—
- An integrated care board
.
Nationality, Immigration and Asylum Act 2002
66
In section 133 of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies), in subsection (4)(a), for sub-paragraph (ib) substitute—
(ib) an integrated care board established under section 14Z25 of the National Health Service Act 2006,
.
Criminal Justice Act 2003
67
In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders), in subsection (6)(g), for “clinical commissioning group or” substitute “integrated care board or”.
Finance Act 2003
68
In section 67A of the Finance Act 2003 (acquisitions by certain health service bodies), in subsection (1), for paragraph (b) substitute—
(b) an integrated care board established under section 14Z25 of the National Health Service Act 2006;
.
Health and Social Care (Community Health and Standards) Act 2003
69
The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
70
In section 148 (interpretation of Part 2), in the definition of “English NHS body”, for paragraph (cb) substitute—
- an integrated care board;
.
71
In section 160 (provision of information), in subsection (1)(h)—
- (a) for “a clinical commissioning group” substitute “an integrated care board”;
- (b) for “the clinical commissioning group” substitute “the integrated care board”.
72
In section 165 (power to apply provisions about recovery of charges to non-NHS hospitals), in subsection (3)(b), for sub-paragraph (ib) substitute—
(ib) an integrated care board,
.
Children Act 2004
73
The Children Act 2004 is amended as follows.
74
In section 10 (co-operation to improve wellbeing), in subsection (4)(db), for “clinical commissioning group” substitute “integrated care board”.
75
In section 11 (arrangements to safeguard and promote welfare), in subsection (1), for paragraph (bb) substitute—
(bb) an integrated care board;
.
76
In section 16E (local arrangements for safeguarding and promoting welfare of children), in subsection (3), in paragraph (b) of the definition of “safeguarding partner” for “a clinical commissioning group” substitute “an integrated care board”.
77
In section 16J (combining safeguarding partner areas and delegating functions), for subsection (4) substitute—
(4) Where an integrated care board is a safeguarding partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.
78
In section 16P (combining child death review partner areas and delegating functions), for subsection (4) substitute—
(4) Where an integrated care board is a child death review partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.
79
In section 16Q (guidance and interpretation), in subsection (2)(b), for “clinical commissioning group” substitute “integrated care board”.
Civil Contingencies Act 2004
80
- (1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows.
- (2) After paragraph 4A insert—
(4B) An integrated care board established under section 14Z25 of the National Health Service Act 2006.
- (3) Omit paragraph 29ZA.
Domestic Violence, Crime and Victims Act 2004
81
In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and conduct of domestic homicide reviews), in the list in subsection (4)(a), for the entry relating to clinical commissioning groups substitute—
- integrated care boards established under section 14Z25 of the National Health Service Act 2006;
.
Mental Capacity Act 2005
82
- (1) Schedule AA1 to the Mental Capacity Act 2005 (deprivation of liberty: authorisation of arrangements enabling care and treatment) is amended as follows.
- (2) In paragraph 3—
- (a) omit the definition of “clinical commissioning group”;
- (b) at the appropriate place insert—
- “integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;”.
.
- (3) In paragraph 6(1)(d)—
- (a) in sub-paragraph (i), for “a clinical commissioning group” substitute “an integrated care board”;
- (b) in the words after sub-paragraph (ii), for “clinical commissioning group” substitute “integrated care board”.
- (4) In paragraph 11, for sub-paragraph (b) substitute—
(b) an integrated care board;
.
- (5) In paragraph 14(1), for paragraph (b) substitute—
(b) each integrated care board;
.
Armed Forces Act 2006
83
- (1) Section 343AA of the Armed Forces Act 2006 (due regard to principles: England) (as inserted by section 8(3) of the Armed Forces Act 2021) is amended as follows.
- (2) In subsection (3), for paragraph (h) substitute—
(h) an integrated care board;
.
- (3) In subsection (8)—
- (a) omit the definition of “clinical commissioning group”;
- (b) at the appropriate place insert—
- “integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;
.
Childcare Act 2006
84
In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in subsection (1)(a), for “a clinical commissioning group” substitute “an integrated care board”.
Emergency Workers (Obstruction) Act 2006
85
In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers), in subsection (5)(a), for “a clinical commissioning group,” substitute “an integrated care board,”.
National Health Service Act 2006
86
The National Health Service Act 2006 is amended as follows.
87
In section 1H (NHS England and its general functions), in subsection (3)(b), for “clinical commissioning groups” substitute “integrated care boards”.
88
- (1) Section 6 (performance of functions outside England) is amended as follows.
- (2) In subsection (1A), for “a clinical commissioning group” substitute “an integrated care board”.
- (3) In subsection (2), for “clinical commissioning groups” substitute “integrated care boards”.
89
- (1) Section 6E (regulations as to the exercise of functions) is amended as follows.
- (2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.
- (3) In subsections (1) and (2), for “clinical commissioning groups”, in each place it occurs, substitute “integrated care boards”.
- (4) In subsection (3)(a), for “a clinical commissioning group” substitute “an integrated care board”.
- (5) In subsections (4)(a) and (c), (5)(a) and (b) and (7), for “clinical commissioning groups”, in each place it occurs, substitute “integrated care boards”.
- (6) In subsection (8), for “clinical commissioning group” substitute “integrated care board”.
- (7) In subsection (10)(a) and (b), for “clinical commissioning groups”, in each place it occurs, substitute “integrated care boards”.
90
In section 9 (NHS contracts), in subsection (4), for paragraph (zb) substitute—
(zb) an integrated care board,
.
91
- (1) Section 12 (arrangements with other bodies) is amended as follows.
- (2) In subsection (2), for paragraph (b) substitute—
(b) integrated care boards,
.
- (3) In subsection (4), for paragraph (ab) substitute—
(ab) an integrated care board,
.
92
- (1) Section 12ZA (commissioning arrangements) is amended as follows.
- (2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.
- (3) In subsections (1), (3) and (4), for “a clinical commissioning group” substitute “an integrated care board”.
- (4) In subsection (5), for paragraph (c) substitute—
(c) an integrated care board,
.
- (5) In subsection (9), in the definition of “service provider”, for “a clinical commissioning group” substitute “an integrated care board”.
93
- (1) Section 12A (direct payments for health care) is amended as follows.
- (2) In subsections (1) and (2)(aa), for “a clinical commissioning group” substitute “an integrated care board”.
- (3) In subsection (4)—
- (a) for “a clinical commissioning group”, in both places it occurs, substitute “an integrated care board”;
- (b) for “the group” substitute “the board”.
94
In section 12B (regulations about direct payments), in subsections (2)(d), (g), (h) and (j), (4) and (5)(a) and (b), for “a clinical commissioning group”, in each place it occurs, substitute “an integrated care board”.
95
In section 12D (arrangements with other bodies relating to direct payments), in subsections (1) and (3), for “a clinical commissioning group” substitute “an integrated care board”.
96
In section 13A (mandate), in subsection (6), for “clinical commissioning group” substitute “integrated care board”.
97
In section 13N (duty as to promoting integration), in subsection (3), for “clinical commissioning groups” substitute “integrated care boards”.
98
In section 13R (information on safety of services provided by the health service), in subsection (6), for “A clinical commissioning group” substitute “An integrated care board”.
99
In section 13V (pooled funds), in subsection (1), for “clinical commissioning groups” substitute “integrated care boards”.
100
In Part 2, omit Chapter A2 (clinical commissioning groups).
101
In section 71 (schemes for meeting losses and liabilities etc of certain health service bodies), in subsection (2), for paragraph (zb) substitute—
(zb) integrated care boards,
.
102
In section 74 (supply of goods and services by local authorities), in subsection (1)(a), for “clinical commissioning group” substitute “integrated care board”.
103
In section 76 (power of local authorities to make payments), in subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.
104
- (1) Section 77 (care trusts) is amended as follows.
- (2) In subsection (1), in paragraph (a), for “an NHS trust or a clinical commissioning group” substitute “an integrated care board, an NHS trust”.
- (3) In subsection (10), for “NHS trust or clinical commissioning group” substitute “an integrated care board, NHS trust”.
- (4) In subsection (12), in the definition of “NHS functions”, for “NHS trust or clinical commissioning group” substitute “an integrated care board, NHS trust”.
105
- (1) In section 80 (supply of goods and services by the Secretary of State, the Board and clinical commissioning groups) is amended as follows.
- (2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.
- (3) In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.
- (4) For subsection (3A) substitute—
(3A) NHS England or an integrated care board may make available to persons falling within subsection (1)— (a) any facilities the provision of which is arranged by NHS England or (as the case may be) the integrated care board in pursuance of its functions under this Act; (b) any facilities of NHS England or (as the case may be) the integrated care board; (c) the services of persons employed by NHS England or (as the case may be) the integrated care board.
- (5) In subsection (4), for “a clinical commissioning group” substitute “an integrated care board”.
- (6) For subsection (6A) substitute—
(6A) NHS England and each integrated care board must make available to local authorities— (a) any services (other than the services of any person) or other facilities the provision of which is arranged by NHS England or (as the case may be) the integrated care board in pursuance of its functions under this Act; (b) the services of persons employed by NHS England or (as the case may be) the integrated care board; (c) any facilities of NHS England or (as the case may be) the integrated care board, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
- (7) In subsection (9)—
- (a) for “a clinical commissioning group” substitute “an integrated care board”;
- (b) for “the clinical commissioning group” substitute “the integrated care board in the exercise of its functions”.
- (8) Omit subsection (10).
106
In section 183 (payment of travelling expenses), in paragraphs (a), (b) and (c), for “a clinical commissioning group” substitute “an integrated care board”.
107
In section 185 (charges for more expensive supplies), in subsection (2), for “a clinical commissioning group” substitute “an integrated care board”.
108
In section 186 (charges for repairs and replacements in certain cases), in subsection (2), for “a clinical commissioning group” substitute “an integrated care board”.
109
In section 187 (charges for designated services or facilities), for “section 3(1)(d) or (e)” substitute “section 3(1)(e) or (f)”.
110
In section 188 (sums otherwise payable to those providing services), in subsection (2), for “a clinical commissioning group” substitute “an integrated care board”.
111
In section 196 (persons and bodies about which provision is made by this Part), in subsection (3), for paragraph (zb) substitute—
(zb) an integrated care board,
.
112
In section 201 (disclosure of information), in subsection (3)(a), for “a clinical commissioning group” substitute “an integrated care board”.
113
In section 214 (transfer of functions and property to or from Welsh special trustees), in subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.
114
In section 222 (power to raise money), in subsection (3A)(a), for “a clinical commissioning group” substitute “an integrated care board”.
115
For section 223A (application of provision about public-private partnerships) substitute—
(223A) (1) Section 223 applies in relation to an integrated care board as it applies in relation to NHS England. (2) But the powers conferred by that section are exercisable by an integrated care board only for the purpose of securing improvement— (a) in the physical and mental health of the group of people for whom it has core responsibility (see section 14Z31), or (b) in the prevention, diagnosis and treatment of illness in such people.
116
In section 223B (funding of NHS England), in subsection (8), for “14Z1” substitute “14Z42”.
117
In section 223F (power to establish contingency fund), in subsection (2)(b), for “a clinical commissioning group” substitute “an integrated care board”.
118
- (1) Section 223G (means of meeting expenditure of clinical commissioning groups out of public funds) is amended as follows.
- (2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.
- (3) In subsection (1)—
- (a) for “clinical commissioning group” substitute “integrated care board”;
- (b) for “the group”, in both places it occurs, substitute “the board”.
- (4) In subsection (2)—
- (a) for “a clinical commissioning group” substitute “an integrated care board”;
- (b) in paragraph (a), for “clinical commissioning group” substitute “integrated care board”.
- (5) In subsection (3)—
- (a) for “a clinical commissioning group” substitute “an integrated care board”;
- (b) for “the group” substitute “the board”.
- (6) In subsections (5) and (6), for “a clinical commissioning group” substitute “an integrated care board”.
- (7) In subsection (7), for “clinical commissioning groups” substitute “integrated care boards”.
- (8) Omit subsection (8).
119
- (1) Section 223GA (expenditure on integration) is amended as follows.
- (2) In subsection (3), for “the group” substitute “the integrated care board”.
- (3) In subsection (4)(a)—
- (a) for “the group” substitute “the integrated care board”;
- (b) for “clinical commissioning group” substitute “integrated care board”.
- (4) In subsections (5)(c) and (6)(b), for “clinical commissioning group” substitute “integrated care board”.
- (5) In subsections (10)(b) and (11), for “14Z1” substitute “14Z42”.
120
- (1) Section 223K (payments in respect of quality) is amended as follows.
- (2) In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.
- (3) In subsection (6), omit the words from “(which may include” to the end.
- (4) In subsection (7)—
- (a) for “A clinical commissioning group” substitute “An integrated care board”;
- (b) for “the group” substitute “the board”.
121
- (1) Section 236 (payments for certain medical examinations) is amended as follows.
- (2) In subsection (1), for “clinical commissioning group” substitute “integrated care board”.
- (3) In subsection (2)(b)(ii), for “a clinical commissioning group” substitute “an integrated care board”.
122
- (1) Section 244 (review and scrutiny by local authorities) is amended as follows
- (2) In subsection (2ZA)(c) and (d), for “a clinical commissioning group” substitute “an integrated care board”.
- (3) In subsection (3A), for paragraph (a) substitute—
(a) in relation to an integrated care board, includes a person who is not a member of the board but is a member of a committee or sub-committee of it;
.
- (4) Omit subsection (3B).
123
In the italic heading before section 252A, for “clinical commissioning groups” substitute “integrated care boards”.
124
- (1) In section 252A (role of NHS England and clinical commissioning groups in respect of emergencies).
- (2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.
- (3) In subsections (1), (2) and (3), for “clinical commissioning group” substitute “integrated care board”.
- (4) In subsection (6), for “clinical commissioning groups” substitute “integrated care boards”.
- (5) In subsection (10), in the definition of “relevant emergency”, in paragraph (a)—
- (a) for “a clinical commissioning group” substitute “an integrated care board”;
- (b) for “the group” substitute “the board”.
125
- (1) Section 256 (power of NHS England or a clinical commissioning group to make payments towards expenditure on community services) is amended as follows.
- (2) In the heading, for “a clinical commissioning group” substitute “an integrated care board”.
- (3) In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.
- (4) In subsection (3)—
- (a) for “a clinical commissioning group” substitute “an integrated care board”;
- (b) for “the clinical commissioning group” substitute “the integrated care board”.
126
In section 257 (payments in respect of voluntary organisations under section 256), in subsection (2), for “clinical commissioning group” substitute “integrated care board”.
127
- (1) Section 258 (university clinical teaching and research) is amended as follows.
- (2) In subsection (1), for “clinical commissioning group”, in both places it occurs, substitute “integrated care board”.
- (3) In subsection (2)(a), for “a clinical commissioning group” substitute “an integrated care board”.
128
In section 269 (special notices of births and deaths), in subsection (11), for paragraph (b) substitute—
(b) integrated care boards,
.
129
In section 270 (provision of information by Registrar General), in subsection (1), for paragraph (c) substitute—
(c) an integrated care board,
.
130
In section 271A (services to be treated as services of the Crown for certain purposes), in subsection (2)(a), for “a clinical commissioning group” substitute “an integrated care board”.
131
- (1) Section 272 (orders, regulations, rules and directions) is amended as follows.
- (2) In subsection (5), omit paragraph (za).
- (3) In subsection (6), omit paragraph (zza).
132
In section 275 (interpretation), in subsection (1)—
- (a) omit the definition of “clinical commissioning group”;
- (b) in the definition of “financial year”, after “any year” insert “(except that in relation to an integrated care board it has the meaning given by section 14Z52(8))”;
- (c) at the appropriate places insert—
- “integrated care board” means a body established under section 14Z25,
;
- “information” includes documents or records,
;
- (d) in the definition of “NHS body”, for paragraph (b) substitute—
- an integrated care board,
.
133
In section 276 (index of defined expressions), in the appropriate places insert—
| group of people for whom an integrated care board has core responsibility | section 14Z31 |
|---|---|
| partner, in relation to an NHS trust or NHS foundation trust and an integrated care board | section 14Z48 |
| --- | --- |
.
134
- (1) Schedule A1 (NHS England) is amended as follows.
- (2) In paragraph 16(2)(b), for “clinical commissioning group” substitute “integrated care board”.
- (3) In paragraph 17(2)(b)—
- (a) for “clinical commissioning groups” substitute “integrated care boards”;
- (b) for “paragraph 17(3) of Schedule 1A” substitute “paragraph 22(3) of Schedule 1B”.
135
- (1) Schedule 1 (further provision about services) is amended as follows.
- (2) For paragraph 9 substitute—
(9) (1) An integrated care board may make arrangements for the provision of vehicles (including wheelchairs) for people for whom the board has responsibility and who appear to it to have a physical impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. (2) For the purposes of this paragraph an integrated care board has responsibility for— (a) the group of people for whom it has core responsibility (see section 14Z31), and (b) such other people as may be prescribed (whether generally or in relation to a prescribed vehicle).
- (3) In paragraph 10—
- (a) in sub-paragraph (2), for “clinical commissioning group” substitute “integrated care board”;
- (b) in sub-paragraph (3), for “A clinical commissioning group” substitute “An integrated care board”;
- (c) in sub-paragraph (5), for “clinical commissioning group” substitute “integrated care board”.
- (4) In paragraph 13—
- (a) in sub-paragraph (1)—
- (i) for “a clinical commissioning group” substitute “an integrated care board”;
- (ii) in paragraph (b), for “clinical commissioning group” substitute “integrated care board”;
- (b) in sub-paragraph (3), for “a clinical commissioning group” substitute “an integrated care board”.
136
In Schedule 4 (NHS trusts: constitution etc), in paragraph 12, after sub-paragraph (1) insert—
(1A) The annual report must, in particular, review the extent to which the NHS trust has exercised its functions in accordance with the plans published under— (a) section 14Z52 (joint forward plans for integrated care board and its partners), and (b) section 14Z56 (joint capital resource use plan for integrated care board and its partners).
137
In Schedule 7 (constitution of public benefit corporations), in paragraph 26, after sub-paragraph (1) insert—
(1A) The reports must, in particular, review the extent to which the public benefit corporation has exercised its functions in accordance with the plans published under— (a) section 14Z52 (joint forward plans for integrated care board and its partners), and (b) section 14Z56 (joint capital resource use plan for integrated care board and its partners).
138
In Schedule 12A (pharmaceutical remuneration), in paragraph 2—
- (a) in the heading for “clinical commissioning groups” substitute “integrated care boards”;
- (b) in sub-paragraph (3), for “clinical commissioning group” substitute “integrated care board”;
- (c) in sub-paragraph (4), for “clinical commissioning groups” substitute “integrated care boards”;
- (d) in sub-paragraph (5), for “clinical commissioning group” substitute “integrated care board”;
- (e) in sub-paragraph (6)—
- (i) for “a clinical commissioning group” substitute “an integrated care board”;
- (ii) in paragraphs (a) and (b), for “the group”, in both places it occurs, substitute “the board”;
- (f) in sub-paragraph (8), for “a clinical commissioning group” substitute “an integrated care board”;
- (g) for sub-paragraph (9) substitute—
(9) For the purposes of sections 223GC and 223M(1)(b) and paragraph 22 of Schedule 1B, any amount of which an integrated care board is notified under sub-paragraph (6) is to be treated as expenditure of the group which is attributable to the performance by it of its functions in the year in question.
National Health Service (Wales) Act 2006
139
The National Health Service (Wales) Act 2006 is amended as follows.
140
In section 7 (NHS contracts), in subsection (4), for paragraph (bb) substitute—
(bb) an integrated care board,
.
141
In section 13 (exercise of Local Health Board functions), in subsection (3), for paragraph (ab) substitute—
(ab) integrated care boards,
.
142
In section 17 (plans for improving health etc), in subsection (6)(g) and (h), for “, clinical commissioning groups,” substitute “, integrated care boards,”.
143
In section 26 (intervention orders), in subsection (1), for “, clinical commissioning groups and” substitute “, integrated care boards and”.
144
In section 28 (default powers), in subsection (1), for “, clinical commissioning groups and” substitute “, integrated care boards and”.
145
In section 34 (power of local authorities to make payments), in subsection (1), for “, a clinical commissioning group” substitute “, an integrated care board”.
146
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